Delhi high court dismisses Chief Minister Arvind Kejriwal’s plea challenging his arrest by the Enforcement Directorate in the excise policy money laundering case.

The HC held that the ED was in possession of enough material which had led them to arrest Kejriwal.

Non-joining of investigation by Kejriwal, delay caused by him was also impacting those in judicial custody, the Delhi high court said.

Post Delhi High Court ruling, Delhi Chief Minister Arvind Kejriwal will move the Supreme Court against a high court order dismissing the plea against his arrest by the Enforcement Directorate in a money laundering case linked to the alleged excise scam, Aam Aadmi Party sources said .

Meanwhile in another court has extended the judicial custody of Bharat Rashtra Samiti leader K Kavitha by two weeks in the Delhi excise policy-related money laundering case.

Special judge for Enforcement Directorate and Central Bureau of Investigation cases Kaveri Baweja extended Kavitha’s custody till April 23 after she was produced before the court on expiry of her judicial remand granted earlier.

The judge had on Monday denied interim bail to Kavitha, saying prima facie she not only destroyed evidence but was also instrumental in influencing witnesses and there is ‘every likelihood’ of her continuing to do so in case the relief is granted.

The agency has alleged that Kavitha, an MLC and daughter of former Telangana chief minister K Chandrashekar Rao, is a key member of the ‘South Group’, which has been accused of paying the ruling Aam Aadmi Party in Delhi kickbacks of Rs 100 crore in return for a big share of liquor licences in the national capital.

This article on 'Mukherjee Nagar Coaching Center Fire: Delhi HC's Suo Motu Cognizance Explained' was written by an intern at Legal Upanishad.

Introduction

The Mukherjee Nagar coaching center fire incident has caught the attention of the Delhi High Court, which has taken suo motu cognizance of the matter. This decision was made after the court came across a newspaper report and various WhatsApp messages circulating on social media regarding the incident. Justices Jasmeet Singh and Vikas Mahajan, who was presiding over the vacation bench, initiated the suo motu cognizance. They have issued notices to the Delhi Government, Delhi Fire Services, Delhi Police, and the Municipal Corporation of Delhi (MCD), requesting a response within two weeks. This article focuses on the Mukherjee Nagar coaching center fire incident, which caught the attention of the Delhi High Court. The discussion revolves around the court's response to the incident and the actions taken by the authorities involved. It emphasizes the need for fire safety audits in buildings housing coaching institutes, particularly in densely populated areas like Mukherjee Nagar.

Facts of the Incident

A devastating fire incident occurred at Bhandari House, situated within the Batra Complex in Mukherjee Nagar. The fire put the lives of numerous students attending coaching classes at risk, creating a situation of great concern. This incident has brought attention to the fire safety standards in buildings across the densely populated area of Mukherjee Nagar coaching centers can be found almost everywhere, occupying various nooks and corners. Two individuals have been charged under sections 336, 337, and 338 of the Indian Penal Code (IPC), which pertain to acts endangering the lives or safety of others. Additionally, they have been booked under sections 120B (criminal conspiracy) and 34 (common intention) at the Mukherjee Nagar police station, according to Jitendra Meena, the Deputy Commissioner of Police. As part of the investigation, statements from 12 students and four staff members have been recorded by the police. To aid in the investigation, authorities are considering the use of 3-D laser scans to recreate the scene of the incident. The police have revealed that both individuals have connections to coaching institutes operating from the Bhandari House. One of them is the CEO of one institute, while the other is the owner of another coaching institute. During a fire department inspection following the incident, it was discovered that the building lacked any fire safety equipment. Furthermore, there was a delay of approximately 10 to 15 minutes in reporting the fire. The first call was received at 12:27 pm, although the fire had started around 12:15 pm. It is suspected that the coaching staff and locals present at the scene initially attempted to extinguish the fire themselves. Fire tenders arrived at the location within nine minutes of receiving the call, as stated by a senior fire official. The fire outbreak has shed light on the importance of robust fire safety measures and regulations within buildings, particularly those accommodating Mukherjee Nagar coaching centers, and educational institutions. The incident has raised questions about the adequacy and enforcement of fire safety protocols, as well as the readiness of authorities to handle such emergencies effectively.

Suo Motu Cognizance by the Delhi High Court

The Delhi High Court took suo moto cognizance of the Mukherjee Nagar fire incident based on a newspaper report and circulating WhatsApp messages on social media. Justices Jasmeet Singh and Vikas Mahajan, presiding over a vacation bench, initiated the suo moto cognizance. They issued notices to the Delhi Government, Delhi Fire Services, Delhi Police, and the Municipal Corporation of Delhi (MCD), demanding a response within two weeks. The bench acknowledged a newspaper report stating that approximately 500 students were enrolled in a Mukherjee Nagar coaching center situated in a four-story building at a DDA Commercial Centre. These students had a narrow escape when a short circuit occurred in the electricity system. Taking note of this report, the bench issued notices to the concerned authorities mentioned earlier. Highlighting the urgency of the matter, Justice Singh emphasized the need for the Delhi Fire Services to conduct a fire safety audit of such buildings to ensure the presence of adequate fire safety measures. He pointed out that numerous students visit these institutes for specialized coaching, necessitating strict adherence to fire safety protocols. During the proceedings, government counsel Santosh Tripathi requested the court to specify in the order whether all institutes with a significant number of registered students possess fire safety certificates. This clarification was deemed crucial in light of the incident. Consequently, the bench directed the Delhi Fire Services to conduct a safety audit, including verifying whether the institutes possess fire safety certificates. Santosh Tripathi accepted the notices issued by the high court on behalf of the government. The court mandated that the concerned authorities file their responses within two weeks, and the matter is scheduled to be presented before the bench of the Chief Justice on July 3. The bench directed that the case be listed before the Chief Justice for appropriate orders or directions.

What is Suo Motu Cognizance?

"Suo motu cognizance" is a legal term that refers to a situation where a court takes cognizance of a matter on its initiative, without receiving a formal complaint or petition from any party. In other words, the court initiates the proceedings based on its knowledge or awareness of a particular issue or incident. When a court exercises suo motu cognizance, it typically means that the court believes the matter is of public importance or involves a violation of legal rights that requires immediate attention. The court assumes an active role in investigating and addressing the issue, rather than waiting for someone to approach the court with a formal complaint or petition. Suo motu cognizance allows the court to intervene in matters that may have otherwise gone unnoticed or unaddressed, ensuring that justice is upheld and the rights of individuals or the public are protected. It demonstrates the court's proactive approach to dispensing justice and addressing legal concerns even without direct involvement from the affected parties.

Strategies to Enhance Fire Safety and Prevent Incidents

To curb incidents like the Mukherjee Nagar coaching center fire, several actions can be taken: - Strengthen Fire Safety Regulations: Authorities should ensure that stringent fire safety regulations are in place and strictly enforced for all buildings, especially those housing coaching centers and educational institutions. This includes regular inspections, adherence to fire safety codes, and the installation of adequate fire safety equipment. - Conduct Fire Safety Audits: Regular fire safety audits should be conducted in coaching centers and similar establishments to identify any deficiencies or lapses in fire safety measures. These audits can help in assessing the readiness of the premises to handle fire emergencies and ensure compliance with safety standards. - Promote Awareness and Training: It is essential to raise awareness among students, staff, and building owners about fire safety protocols and preventive measures. Conducting training sessions on fire safety and evacuation procedures can equip individuals with the necessary knowledge to respond effectively during emergencies. - Improve Infrastructure: Building owners should be encouraged to invest in fire-resistant construction materials and systems. Adequate fire exits, clear evacuation routes, and properly maintained electrical systems can significantly reduce the risk of fire incidents and facilitate safe evacuation. - Regular Inspections and Monitoring: Regular inspections by relevant authorities, such as fire departments and municipal bodies, should be conducted to ensure compliance with fire safety regulations. Timely detection of violations or deficiencies can help rectify them before any untoward incident occurs. - Collaboration between Authorities: Effective coordination and collaboration between the Delhi Government, Delhi Fire Services, Delhi Police, and the Municipal Corporation of Delhi (MCD) are crucial. Sharing information, conducting joint inspections, and streamlining communication channels can enhance overall fire safety efforts. - Strict Enforcement and Accountability: Authorities should enforce penalties and legal consequences for non-compliance with fire safety regulations. Holding building owners, management, and responsible individuals accountable for any negligence or violations can serve as a deterrent and promote a culture of fire safety. By implementing these measures collectively, there can be significant progress in curbing fire incidents and ensuring the safety of individuals, particularly students, in coaching centers and similar establishments.

Conclusion

In conclusion, the Mukherjee Nagar coaching center fire incident highlighted the need for stringent fire safety measures in coaching centers and similar establishments. To curb such incidents, it is crucial to strengthen fire safety regulations, conduct regular audits, promote awareness and training, improve infrastructure, and ensure effective collaboration between relevant authorities. Strict enforcement, accountability, and regular inspections are vital to prevent fire incidents and protect the lives of individuals, particularly students. By implementing these strategies, we can enhance fire safety and create safer environments in coaching centers.

References

தங்கள் இயலாமை, தோல்விகளை ஒப்புக் கொள்ளும் குணம் ரத்தத்திலேயே இல்லை: அரசியல்வாதிகள், அதிகாரிகள் மீது கோர்ட் காட்டம்